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Explores judicial attitudes in professional negligence casesaffecting liability for property investment advice. Focuses on thestandard of work required to discharge the…
Explores judicial attitudes in professional negligence cases affecting liability for property investment advice. Focuses on the standard of work required to discharge the legal duty of care and on apparent contradictions in approach by the courts. Reviews a series of cases which are taken to exhibit traditional attitudes to professional liability and studies modern cases which are irreconcilable with those attitudes. Includes liability to third party mortgagors and to third party mortgagees in an analysis of the duty of care, and considers the implications of the perceived expansion of the advisor′s professional duties, which include potential conflicts of interest and the dichotomy between the standards current among professionally qualified and unqualified practitioners. Suggests that judicial attitudes are influential in shaping the practice of property investment advice, but that this intervention is fraught with difficulties as it creates uncertainty among professional advisors about the nature of the tasks undertaken.
This paper examines the effect which the rent assessment process has on the level of rents and rental values in the commercial property market in England and Wales, by…
This paper examines the effect which the rent assessment process has on the level of rents and rental values in the commercial property market in England and Wales, by asking: is there an accepted definition of open market rental value which is consistently adhered to, irrespective of the context in which the rent is assessed? How, in theory, do the procedures by which an assessment of open market rental value is arrived at differ as between a new letting, a lease renewal, and a rent review? Is there any evidence to suggest that any theoretical differences in the operation of the various rent assessment procedures are borne out in practice? In particular, is there any evidence that in new lettings and lease renewals lease terms are changed after the rent has been finalised? Is there any evidence to demonstrate that there are different levels of rent which are sufficiently consistent to be referable to the context in which the rent was assessed? If so, does this produce difficulties in the valuation process which may not be presently fully appreciated? In addition to a review of the relevant literature, the primary research undertaken for the study was a survey of surveyors and solicitors involved in commercial lettings and rent reviews and the compilation of a database of rental valuations and transactions.
The treatment of rent‐free periods and other inducements is currently anarea of debate within the valuation profession. It has been argued thatin determining the real…
The treatment of rent‐free periods and other inducements is currently an area of debate within the valuation profession. It has been argued that in determining the real rental value from a headline rent, the valuer must devalue the impact of the inducement. While recognizing the problem, there appears to be little agreement within the profession on either the appropriate methodology or the time period for this calculation. A further problem has arisen due to the near impossibility of divorcing over‐rented property valuations from the determination of real rental values. However, the current debate has centred on rental implications and has not attempted to quantify the effect which the capital valuation has on the letting market, even though it is the effect on the freehold capital valuation which may drive the deal on letting incentives to a far greater extent than any trade off of present rental holiday against higher rent in the future. Addresses the capital valuation question after a review of the basis of the valuation and the present state of the debate on rental issues.
One of the features of the UK letting market has been the practice ofgiving new tenants a rent‐free period at the commencement of a lease.Such rent‐free periods seem to…
One of the features of the UK letting market has been the practice of giving new tenants a rent‐free period at the commencement of a lease. Such rent‐free periods seem to fall into one of two types. First, it appears that, even in a very buoyant market, most tenants are able to negotiate a modest rent‐free period for fitting out or, where the lease is a head lease, for arranging sublettings. These rent‐free periods (even where they are a slice of a longer rent‐free period) can be seen to have their own characteristics. They can be viewed as a one‐off concession at the commencement of the lease. Second, in a poor market rent‐free periods are used as incentives, in the sense that they are a direct alternative to an explicit reduction in the passing rent, and often form part of a wider package of inducements. These have an obvious and direct bearing on true rental value. Critically examines the various devices which have been used by those drafting rent review clauses to deal with rent‐free periods at review and comments on how these have been treated by the courts.
Traces the development of the principles of professional negligenceespecially in the 1980′s and to reappraise them in the 1990s.Illustrates with cases designed to show…
Traces the development of the principles of professional negligence especially in the 1980′s and to reappraise them in the 1990s. Illustrates with cases designed to show perceived trends and which are deemed significant to practitioners. Concludes by observing an uncomfortable hardening of the courts′ attitude towards professional negligence.
The purpose of this paper is to understand the perceptions and experiences of healthcare managers working within a community and ambulatory health service who manage…
The purpose of this paper is to understand the perceptions and experiences of healthcare managers working within a community and ambulatory health service who manage poorly performing staff and, to identify the supports, and gaps in supports, that are available to these managers.
Data were collected via two focus groups using a semi-structured schedule. The data were transcribed, themed and conclusions summarised.
On analysis of the discussion of the line managers’ experiences and perceptions of competence, six themes were identified, five themes common to both groups. When discussing the availability and gaps in supports available when managing poor performance, managers were aware of the majority of the supports available to them in the workplace but there was a disconnect between managers and the HR department.
Though the results of this study are not generalisable, as the participants came from programs within a single hospital, they may be transferrable to other healthcare environments. Future research should attempt to replicate these findings using other research techniques.
The findings in this paper indicate that methods should be identified to build better relationships between managers and HR departments, develop clear management learning pathways, and to support managers to manage their emotional responses. These strategies will support organisations to achieve improved outcomes from the performance management processes.
This study contributes to the current literature by identifying key themes that may have an impact on the outcome of performance management processes. These themes would benefit from further exploration.
Rankings of the world's cities by a liveability factor have become increasingly significant in the media, among governments and city councils in the promotion of cities…
Rankings of the world's cities by a liveability factor have become increasingly significant in the media, among governments and city councils in the promotion of cities, as well as academics interested in understanding the impact of quantifying liveability on urban planning and the relationship of liveability indices and tourism. The paper aims to discuss this issue.
While examining characteristics of liveable cities according to some of the widely reported liveability indices, such as those produced by Mercer, Monocle magazine and the Economic Intelligence Unit (EIU), the authors provide a snapshot of Perth as a liveable city and consider liveability in relation to urban tourism, sustainability and environment. Perth's liveability ranking is discussed in terms of environmental sustainability, noting that for Perth to retain its position as one of the world's most liveable cities, consideration must be given to sustainable planning and environmental practices at policy, organisational and individual levels, placing the long-term liveability of the environment and Perth's flora and fauna at the forefront of urban, and tourism, planning.
The accessibility of nature in Perth and its surrounds, its outdoor recreational opportunities and warm climate are factors that make it unique. Developing and promoting nature-based tourism would further enhance the accessibility of nature for visitors and residents. While Perth's EIU top ten ranking is justified, its major attributes remain unrecognised by the widely used EIU liveable city assessment framework.
Moreover, the notion of a liveable city is open to contention due to the subjective nature of various assessment criteria. Liveability indices should include quantifiable environmental factors such as green space, remnant vegetation, biodiversity, air quality and unpolluted water.
This paper thus contributes to the discourse on what constitutes a liveable city, the authors emphasise that liveability is significantly related to the presence of green space and natural areas as well as the opportunity to see and interact with wildlife. Perth has such opportunities for it residents and visitors but as yet the aforementioned natural characteristics are not implicit in international measures of liveability.
This chapter outlines the efforts of two tenure-earning faculty members in distinctly different disciplines. Those navigating through a Historically Black College and…
This chapter outlines the efforts of two tenure-earning faculty members in distinctly different disciplines. Those navigating through a Historically Black College and University (HBCU) context face a unique set of challenges relative to institutional infrastructure that lends support for teaching, student development, research implementation, and scholastic activities. To address these shortfalls, the authors took action by implementing a novel and collaborative course redesign. While these efforts aimed to enrich existing course instruction, develop undergraduate students' research and teaching pedagogy, and provide culturally relevant teaching services to a partnering primary education institution, early incidents that emerged from the redesign revealed the utility of affording students such as innovative research experience (RE). The authors developed the novel assignment in accordance with Florida A&M University's Quality Enhancement Program, #WriteOnFAMU, which seeks to create a culture in which students become actively engaged in their learning through writing proficiency. Writing Across the Curriculum (WAC) supports high-impact practices, undergirded by multiple opportunities for students to participate in cocurricular writing opportunities.
Moreover, the cross-curricular integrative writing approach implemented by the instructors of these courses (the authors) provided students enrolled in the Colleges of Education and the College of Social Sciences, Arts, & Humanities a unique opportunity to become actively engaged in a multidisciplinary approach to learning. The assignment not only enhanced students' writing proficiency but also broadened their exposure to content area knowledge, afforded students an opportunity to synthesis materials across disciplines, and allowed for critical analysis relative to an action-based, translational RE. The collaborative research assignment entailed two major objectives: the developed project was to (1) improve elementary education preservice students' lesson plan writing and implementation proficiency and (2) develop emerging psychology students' ability to produce and implement an action-based research project within the realm of Social Psychology. Students enrolled in RED3013 (Teaching Reading and Diagnosing its Growth) and SOP3003 (Social Psychology) worked collaboratively to complete the course requirements. Throughout the chapter, the authors describe how this teaching approach aided in faculty and student development. The narrative elaborates on tenure-earning elements of teaching and service via peer collaboration. Additionally, the authors highlight the scanty resources that create pitfalls for affording students opportunities to develop as researchers.
The purpose of this chapter is twofold. First, to give a concise account of the current global climate situation, its previous history according to the palaeoclimate…
The purpose of this chapter is twofold. First, to give a concise account of the current global climate situation, its previous history according to the palaeoclimate record, and climate scientists’ predictions of the consequences of various scenarios of global climate change. Then to explain why so many people continue to be oblivious to the enormous risks of continuing with business as usual.
The approach is through a comprehensive study of the relevant evidence and the scientific and scholarly literature, interwoven with philosophical reflections on their significance.
The findings are as follows: the evidence for the anthropogenic nature of global warming is overwhelming, and the prognoses for continued burning of fossil fuels (sea level rise, extreme weather, etc.) are dire. The denial stems in large part from the undue influence of climate scepticism movements, lavishly funded by the fossil fuel industries, combined with a variety of psycho-social and economic factors.
The implications are several. Given the complex nature of global warming, scientists need to do a better job of communicating their findings to the general public, and scholars and academics need to find ways to expose the machinations of the fossil fuel industries. And given the global impact of climate change, citizens of the developed nations need to see that a radical change in their behaviour is demanded not only by considerations of social justice but also even by their own self-interest.
The value of this philosophical approach is that it affords a more comprehensive view of the situation around global warming than we get from the more specialised disciplines.